I'm convinced that PhD candidate James Holmes would've found a way to murder a dozen Batman fans, even if he had to use a Zippo and some rolled up newspapers.
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Prosecutors said Holmes left the program in June after also making unspecified threats to a professor that month and failing his year-end final.
Holmes' attorneys argue that prosecutors should have no access to his student records. The papers they filed in response to prosecutors do not address the allegations of threats.
Holmes is charged with killing 12 and wounding 58 during the July 20 attack on a midnight showing of "The Dark Knight Rises."
Holmes' defense lawyer, Daniel King, has said Holmes is mentally ill, setting up a possible insanity defense.
But arguments at a hearing Thursday by Chief Deputy District Attorney Karen Pearson revealed a possible motive: Holmes' anger that he was failing at school, "at the same time he's buying an enormous amount of ammunition, body armor and explosives."
A gag order has been issued in the case. Prosecutors argued that gaining access to the school records would establish a motive by showing what Holmes hoped to accomplish at CU and the "dissatisfaction with what occurred in his life that led to this."
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They also want to see records from campus police and a campus threat evaluation team similar to those established across the country after the 2007 Virginia Tech University shootings.